Judge target of intimidation probe

MUNCIE – City police are investigating a local woman's claims that Muncie City Court Judge Dianna Bennington threatened her.

Delaware County Prosecutor Jeffrey Arnold confirmed Wednesday that he is reviewing an incident that took place Sunday afternoon involving the city court judge, Delaware County Chief Deputy Sheriff Jason Walker and a 40-year-old Muncie woman.

Bennington, a 43-year-old attorney elected to the City Court bench in 2011, was named as a suspect in a Muncie Police Department report obtained Wednesday by The Star Press. Walker was listed as a witness on the report and Angela Y. Smith was named as the victim.

Evidence in the case includes a recording of the incident apparently made without the judge's knowledge.

"We've received a case report from the police department, and we're reviewing it," Arnold said.

Bennington did not return a message that The Star Press left with her bailiff at her court office nor did she respond to two text messages sent to her cellphone Wednesday.

Walker, 51, said Wednesday he could not comment.

Smith gave a vivid account of the incident, however.

Smith said Walker, her longtime boyfriend, arrived at her home in the 3200 block of Wind Hill Drive on Sunday afternoon. He had just picked up his two young children at the home of their mother, Bennington.

Smith said Bennington, in her own vehicle, pulled up behind Walker shortly after the the chief deputy parked and got out of his vehicle.

Smith said Bennington got out of her vehicle and approached her and Walker outside Smith's house.

"She said, 'You're not going to be around my kids,'" Smith recounted, adding that she told the judge to leave her property.

Smith said Bennington was taking pictures with an electronic tablet. Smith added that Walker was at that point or shortly afterward also recording the incident.

"We were recording her acting crazy," Smith said, adding that she and Bennington were "yelling" at each other.

Smith acknowledged that she and Bennington had clashed in the past and that the judge had recently tried to get a protective order against Smith. That effort was unsuccessful, Wright said. Protective orders are not among public court records.

The encounter Sunday didn't last long, Smith said. She and Walker, with the two children, got into a vehicle and left.

"She followed us across town," Smith said. The judge allegedly followed in her vehicle as Walker, Smith and the children traveled south on Madison Street. Bennington stopped following when they turned onto the street where Walker's sister lives, Smith said.

Arnold said he had not yet decided whether he would refer the case to a special prosecutor because of the involvement of a local judge and a law enforcement officer.

Muncie Police Department officials released documents confirming the intimidation investigation was under way, and the names of those involved, but revealed little other information, saying it was still an active case.

The documents reflect the incident took place about 1:10 p.m. Sunday. It was reported to city police at 10:30 a.m. Monday.